abortions; public funding; prohibition

HB2154 - 572R - I Ver

PREFILED��� JAN 08 2026

REFERENCE TITLE:
abortions; public funding; prohibition

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2154

Introduced by

Representative
Diaz

AN
ACT

Amending section 35-196.05, Arizona
Revised Statutes; relating to abortion.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 35-196.05, Arizona Revised
Statutes, is amended to read:

START_STATUTE
35-196.05.

Public funding; family planning services; contracting with
certain facilities; prohibition; enforcement; definitions

A. Subject to any applicable requirements of federal
law, regulations or guidelines, any appropriation, expenditure or grant of
public monies for family planning services by this state or any political
subdivision of this state shall be made in the following order of priority:

1. To health care facilities that are owned or
operated by this state or any political subdivision of this state.

2. To hospitals and federally qualified health
centers.

3. To rural health clinics.

4. To health care providers whose primary area of
practice is the provision of primary health services as enumerated in 42 United
States Code section 254b(b)(1).

B. This state or any political subdivision of this
state may not enter into a contract with or make a grant to any person that
does any of the following:

1.
Performs
nonfederally
qualified
abortions
.

or

2.
Maintains or operates a
facility where
nonfederally qualified
abortions are
performed
for the provision of family planning services
.

3. Provides referrals for, or
otherwise facilitates access to, abortion services as a component of family
planning programs funded with public monies.

C. The attorney general or the county attorney may
bring an action in law or equity to enforce this section, and relief shall be
made available in appropriate circumstances, including recoupment and
declaratory and injunctive relief.

D. Any entity that is eligible
for the
receipt of
to receive
public monies has standing
to bring any action that the attorney general or the county attorney may bring
pursuant to subsection C of this section
,

if the expenditure or grant of public monies has resulted in
the reduction of public monies available to that entity.

E. Any monies that are recouped under actions taken
pursuant to subsection C or D of this section shall revert to the fund from
which the monies were appropriated or granted. A prevailing
plaintiff under subsection C or D of this section shall be awarded reasonable
attorney fees and costs.

F. For the purposes of this section:

1. "Abortion" has the same meaning
prescribed in section 36-2151.

2. "Federally qualified health center"
means a health care provider that is eligible for federal funding under 42
United States Code section 1396d
(1)
(
l
)
(2)(B).

3. "Hospital" means a primary or tertiary
care facility
that is
licensed pursuant to title 36,
chapter 4, article 2.

4. "Nonfederally qualified
abortion" means an abortion that does not meet the requirements for
federal reimbursement under title XIX of the social security act.

5.
4.
"Public
monies" means state monies from whatever source, monies of a political
subdivision from whatever source and federal monies provided under title X of
the public health service act (42 United States Code sections 300 through 300a-8)
and titles V, XIX and XX of the social security act.

6.
5.
"Rural
health clinic" means a health care provider that is eligible to receive
federal funding under 42 United States Code section 1395x(aa)(2).
END_STATUTE